تفعيل مبدأ سلطان الإرادة من خلال تطبيق نظرية العقد غير المكتمل على تنفيذ الالتزامات التعاقدية في ظل جائحة كورونا

الملخص EN

This study is aimed at shedding light on the issues that impede the implementation of contractual obligations in the light of the corona virus pandemic, from comparing between the firmness of universals and the legal and jurisprudential parameters, and the flexibility considerations imposed by the needs to facilitate dealing with the repercussions of the pandemic.

therefore, the significance of the study is manifested through the necessity to review the adequacy of the established theories and the laws currently in force to preserve the equilibrium of contractual relations at the implementation level, whose effect appears, in particular, on the principle of the pacta sunt servanda, which is one of the jurisprudentially and legally firm principles.

on that ground, the application of the incomplete contract theory in the field of contracts is considered as a solution that contributes in activating the principle of the authority of the will and an option that can be used in confronting contract crises in addition to traditional theories.